Oscar Pistorious in court: What he can expect from South Africa's legal system

By Jason Fields, Digital First Media

Tuesday, February 19, 2013

Olympic runner Oscar Pistorius is accused killing his girlfriend, Reeva Steenkamp, at his South African home Feb. 14, and now faces a legal system that is similar to the one in the United States, but with a few key differences.

SimilaritiesDefendants in South Africa, like Pistorius, are presumed innocent until proven guilty, just like in the U.S.

They have a right to legal representation, and if they can’t afford a lawyer, there’s a South African legal aid society.

Defendants have the right to any information prosecutors might have that could help their case.

Defendants are entitled to bail before trial except in cases where:

• The accused poses a threat to public or individual safety

• They are considered a flight risk

• The defendant is suspected of influencing or intimidating witnesses

Defendants are also entitled to a public trial, but that’s also where the differences kick in.

DifferencesCriminal trials in South Africa don’t have juries. All cases are tried in front of professional magistrates or judges who weigh arguments and pronounce sentences. They also are the ones responsible for handing down sentences.

The Guardian explains the thinking: “The jury system was done away with altogether in 1969. The thinking is that judges are trained to put aside their prejudices and decide cases on the basis of the evidence before them and the law. Unlike juries, they also have to give reasons for their decisions. A real risk of substantial prejudice to the administration of justice is therefore much, much lower when there is no jury.”

A magistrate is addressed as ‘Your Worship’ and a judge as ‘My Lord/Lady’. But ‘Sir’ or ‘Madam’ is also acceptable.

Since the end of apartheid in 1991, there has been no death penalty in South Africa. The toughest penalty on the books is life imprisonment, but even then sentences are reviewed after 25 years.